These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Influencing Witness - s.323(a) Crimes Act

Section 323(a) Crimes ActA person who does any act:(a) intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoenaMaximum penalty: 7 years

Facing charges of larceny in Local Court – approached witness and said "just tell the cop I wasn't involved …"

SJ erroneously sentenced for aggravated offence under s.324

Black(19)

[2008] NSWCCA 337

s.323(a) [7y]

PG

(20%)

5y

NPP 3y

AA

3y

NPP 18m

Mal wound; car theft

From gaol sent witness threatening letters

Substance abuse – difficult background – youth.

Burton

[2008] NSWCCA 128

s.323(a) [7y]

Common assault

AOABH

Common assault

AOABH

Detain with intent obtain advantage

Common assault

PG

(25%)

3y GBB

FT 3m

FT 6m

FT 9m

FT 18m

2y 6m

NPP 18m

2y GBB

Total

2y 9m

NPP 1y 9m

Crown AA

3y

NPP 2y

FT 6m

FT 9m

FT 9m

FT 18m

3y

NPP 2y 6m

FT 14m

Total

4y 6m

NPP 3y

On parole.

Subjected partner to domestic violence – while in custody made number of persistent telephone calls to partner attempting to influence her to withdraw charges

Asplund(62)

[2014] NSWCCA 237

s.323(a) [14y]

Possess child pornography

PG

4y

NPP 1y 6m

FT 9m

Total:

4y 9m

NPP 2y 3m

AD

Charged with offences relating to sexually explicit communication and grooming of 13y child – had 17y son write statement to police taking responsibility for communications – also had son obtain supporting statements from two friends – extended period of offending – found in possession of child pornography on computer

Cross(32)

[2016] NSWCCA 214

s.323(a) [14y]

PG

(25%)

5y

NPP 3y

AA

3y 6m

NPP 2y

On bond.

On remand for AOABH and reckless wounding against female ex-partner – made numerous phone calls to persuade victim to give false evidence, withhold true evidence and not attend as prosecution witness